NEGATIVE EVIDENCE – when the witness did not see or know of the occurrence of a fact. There is a total disclaimer of persona knowledge, hence without any representation or disavowal that the fact in question could or could not have existed or happened. It is admissible only if it tends to contradict positive evidence of the other side or would tend to exclude the existence of fact sworn to by the other side.
POSITIVE EVIDENCE – when the witness affirms that a fact did or did not occur. Entitled to a greater weight since the witness represents of his personal knowledge the presence or absence of a fact.
SECONDARY EVIDENCE – that which is inferior to the primary evidence and is permitted by law only when the best evidence is not available. Known as the substitutionary evidence.
PRIMARY EVIDENCE – that which the law regards as affording the greatest certainty of the fact in question. Also referred to as the best evidence.
CONCLUSIVE EVIDENCE – the class of evidence which the law does not allow to be contradicted.
PRIMA FACIE EVIDENCE – that which is standing alone, unexplained or uncontradicted, is sufficient to maintain the proposition affirmed.
CORROBORATIVE EVIDENCE – is additional evidence of a different character to the same point.
CUMULATIVE EVIDENCE – evidence of the same kind and to the same state of facts.
CIRCUMSTANTIAL EVIDENCE – is the proof of a fact or facts from which taken either singly or collectively, the existence or a particular fact in dispute may be inferred as a necessary or probable consequence.
DIRECT EVIDENCE – that which proves the fact in dispute without the aid of any inference or presumption.